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Suruswadee Jaimsuwan

Counsel

Biography

Suruswadee Jaimsuwan is a senior litigator in the firm’s dispute resolution group, advising clients in both criminal and civil cases. As a former judge with the Thai Courts of Justice, Suruswadee uses her unique insight to identify creative ways to help clients achieve their goals. Owing to her legal expertise, she is recognized as a “Future Star” for litigation in Thailand by Benchmark Litigation (2024-).

Suruswadee has extensive legal experience on and off the bench, bolstered by a deep knowledge of Thai law and court procedure. She uses her expertise to develop strong and practical legal strategies, and to provide flawless advocacy in the courtroom. She presents facts and evidence to the courts and regulators clearly and persuasively, for the benefit of her clients. Moreover, as a mediation expert, she has a superb ability to explore alternative dispute resolution options and identify areas of agreement to seek solutions. Suruswadee works closely with the firm’s litigators to share her insights on potential solutions, negotiation techniques, and Thai court practice and procedure, thus giving our clients a competitive edge.

In addition to her judicial career, Suruswadee worked for Thailand’s Department of Labour Protection and Welfare under a scholarship from the Office of the Civil Service Commission. In that position, she worked closely with various governmental authorities on labor law research and development. This opportunity provided her with an outstanding comprehension of the practical workings of labor law.

A trusted and respected legal advisor and attorney, Suruswadee is regularly invited to present her insights on a wide range of legal issues in Thailand, including those related to employment law, arbitration, class actions, white-collar crime, and administrative proceedings. She has also been entrusted by local legislators to contribute to the formation of new laws and regulations, including Thailand’s recent Civil Partnership Bill.

Suruswadee received her legal education in Thailand, the United Kingdom, and Australia. She also received litigation, mediation, legislative development, and judicial training from the Straus Institute for Dispute Resolution at Pepperdine University, the Centre for Asia-Pacific Initiatives at the University of Victoria, and the International Training Centre of the International Labour Organization.

Suruswadee is a barrister-at-law qualified by the Thai Bar Association, a notary public, an arbitrator on the rosters of both the Thai Arbitration Institute and Thailand Arbitration Center, an active member of the Thailand Board of Trade, and a leader of the AMCHAM Women Committee. She is also known as an advocate on criminal justice, mediation, and vocational guidance for legal practitioners.

Experience

  • Successfully defended a leading multinational electronics company against criminal charges alleging breach of agreements relating to employment conditions, collective bargaining agreements, and an award by assisting client’s on legal advice, developing case strategy and representing client in court with the result that the court did not allow any of the plaintiff’s complaints to proceed further.
  • Defended a high-profile case in the Supreme Court Criminal Case Division for Persons Holding Political Positions and secured a historical best outcome for cases involved allegations of similar offenses, including by developing case strategy and representing the client in court.
  • Defended a multinational electronics company against false claims in connection with a subcontractor that failed to deliver work as agreed in upon in a construction agreement.
  • Advised on case strategy in relation to an ongoing contagious estate division dispute involving heirs in multiple jurisdictions in Southeast Asia.
  • Advised high-profile individuals on prenuptial agreements, family constitutions, and wills to prevent issues among future heirs.
  • Advised various multinational companies on draft agreements containing multitier dispute resolution clause concerning negotiation, mediation, and arbitration.
  • Advised a multinational company on its online multilevel marketing business in relation to various legal concerns including potential criminal liabilities.
  • Defended directors and employees against criminal charges in relation to forgery and false documents by proposing and executing legal strategy, advising clients at inquiry meetings with related authorities, and getting warrants revoked in an ongoing investigation process.
  • Prosecuted and defended numerous highly contentious divorce cases, bringing a satisfactory conclusion to each by strategically negotiating favorable settlement based on legal issues overlooked by the counterparty.
  • Represented a client at the appeal stage of a high-profile divorce case and advised the client’s overseas legal team in relation to Thai law and practice, assisted in negotiating terms of the agreement, and succeeded in concluding amicable agreements in both Thailand and the overseas jurisdiction, and ensured a smooth and efficient process involving the Thai courts and the transition to implementing the agreement in Thailand.
  • Represented a multinational cosmetics company in the witness examination process and succeeded in enforcing a noncompete agreement and securing damages for a breach of the agreement.
  • Represented over 10 international insurance companies in multibillion-baht claims regarding product liability and wrongful acts, and won challenges on choice of court with jurisdiction over the case.
  • Advised on drafting a petition to the Criminal Court for Corruption and Misconduct Cases to request that the matter be considered by the Constitutional Court; the court granted the request without delay.
  • Helped a multinational transportation company with negotiation strategy for a lease agreement as an alternate resolution to costly litigation.
  • Advised regional office of global insurance company on dismissal of employees resulting from the company’s structural changes.
  • Advised a leading multinational company on devising and executing disciplinary procedures and litigation strategy in a case potentially involving internal organized fraud and labor disputes, successfully preventing directors from facing potential criminal liabilities.
  • Advised on case strategy to have a criminal case filed by a juristic committee against our client withdrawn before further inquiry by the court. Besides securing withdrawal of the case, our advice kept the client from having to go through bail and court proceedings as the strategy was implemented.
  • Advised on weight of evidence in relation to expert witness and how to counter unfavorable expert witness opinion in a criminal forgery case.
  • Assisted a British client who was transferred to serve time in his home country by liaising with the Criminal Court, the Department of Corrections, and the British embassy in relation to a Thai court order for abatement and release under previously issued royal pardons.
  • Led an extensive research project into relevant portions of Thai criminal law as part of an international organization’s initiative concerning international and domestic legal instruments related to human trafficking, forced labor, and modern slavery. The research also involved exploring legislation on immigration, migrant workers, and labor law in order to identify potential areas for improvement and possible solutions for impacted parties.
  • Worked with the firm’s litigators to provide strategic advice to clients on a broad range of civil and criminal cases, including labor disputes, fraud and white-collar crime, corruption and misconduct offenses, commercial disputes, bankruptcy proceedings, and family disputes.
  • Presided in various courts over a numerous criminal and civil cases, demonstrating a level of professionalism that led both plaintiffs and defendants to have confidence in the judicial system.
  • Worked as part of the legal development teams of the Department of Labour Protection and Welfare on drafting the Maritime Labour Act and on amending the Labour Protection Act and Labour Relations Act, relying on her knowledge of international labor law to provide recommendations and becoming known as an enthusiastic proponent of safe and healthy working conditions.
ABOUT Suruswadee

Practices

Compliance and Investigations

Dispute Resolution and Litigation

Employment

Location

Languages

    Thai

    English

Education

    LLM, Monash University

    LLM, King’s College London

    LLB, Thammasat University

Insights

December 4, 2024
Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by specialists at Tilleke & Gibbins in Bangkok, it is the only comprehensive English-language guide to the Thai legal system with a focus on the concerns of foreign business and investment.
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October 2, 2024
As Thailand is a contracting state of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, international arbitral awards can, in principle, be enforced in Thailand. However, not all awards will necessarily be enforceable. The Arbitration Act BE 2545 (2002) gives courts the discretion to deny the enforcement of an award if the court determines that enforcing it would be contrary to “public order or the good morals of the people” (often referred to as “public policy”). Similarly, the Arbitration Act allows a court to set aside a domestic award if its recognition would violate public policy. This discretionary power of the court is prescribed by the law and does not require any party to make an argument on public policy grounds to trigger such power. A recent Supreme Court judgment demonstrates that a court considering an award will review the legality of the arbitral proceedings as well as the content of the award. In this case, the Supreme Court set aside an award on the grounds that it violated public policy because it was the result of arbitration that did not proceed in accordance with the relevant law. Under Thai bankruptcy law, after the Bankruptcy Court accepts a request for rehabilitation of a debtor, all civil proceedings against that debtor, including arbitration proceedings, must be stayed until the court orders otherwise or until the rehabilitation case ceases. In this matter before the Supreme Court, however, the arbitrator continued with the arbitration and went on to render an award even after the court had accepted the request for rehabilitation. The award was later challenged to be set aside on the grounds that continuing with the arbitration was against public policy. While setting aside the award was arguably unnecessary, in this case (as the relevant bankruptcy law
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May 28, 2024
Under Thai law, namely the Criminal Procedural Code, an injured person may bring a criminal case to a criminal court without having a public prosecutor file the case for him or her. After the court conducts an inquiry into the case, the court considers whether to accept the case for further trial and determine whether the defendant should be penalized accordingly. Private parties involved in certain types of cases, such as labor disputes or shareholder disputes, may find this a common channel to pursue. Criminal law in Thailand recently underwent a significant change, as new legislation changed numerous criminal offenses to become phinai-fine offenses instead. However, as this is a relatively new development, there are still instances in which plaints involving phinai fines are still being submitted to the court by these private injured persons as criminal cases. But this raises the issue of whether the court can proceed with such cases. For over a year, Thailand has enforced the Act on Phinai Fine Proceedings B.E. 2565 (2022) (ACFP) as a new legal measure to decriminalize certain types of fines for criminal penalties with less-serious offenses to phinai offenses, which results in phinai-related offenders having to pay only fines instead of facing the entire criminal procedures and penalties under the Thai Penal Code and Criminal Procedure Code, including bail submission, travel restrictions, imprisonment, and a criminal record. What happens to ongoing trials in court for phinai offenses? The ACFP automatically changed criminal offenses under 204 pieces of legislation, including certain offenses under the Bankruptcy Act B.E. 2483 (1940), the Determining Offenses Relating to Registered Partnership, Limited Partnership, Limited Company, Association, and Foundation Act B.E. 2499 (1956), the Labor Relations Act B.E. 2518 (1975), the Consumer Protection Act B.E. 2522 (1979), the Public Limited Companies Act B.E. 2535 (1992), and
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May 2, 2024
The Thai Arbitration Institute (TAI) announced on April 19, 2024, that it has jointly set up an in-court arbitration pilot project with five courts in Thailand—namely, the Civil Court, Taling Chan Civil Court, Central Intellectual Property and International Trade Court, Samut Prakan Provincial Court, and Samut Prakan Khwaeng Court. The pilot project launched on May 1, 2024. Pilot Project This project is designed to encourage the parties in cases submitted to these courts to consider having parts of the case, or even the entire case, heard and determined by arbitrators under the Civil Procedural Code (CPC). The objective of the project is to provide faster and more efficient judicial services to the public by reducing the number of cases to be fully tried in the courts through providing an option for parties to engage in in-court arbitration. Still, the court remains largely involved in the process, as the court will consider the award in detail before determining whether to render a judgment in accordance with the award without any edits. Therefore, in-court arbitration favors parties who prefer to have a court judgment instead of an out-of-court arbitral award, which could lead to enforcement challenges under the Arbitration Act. Parties who participate in this pilot project will pay the TAI a fee for its administrative assistance and related services. The TAI will assist in setting up and facilitating meetings, witness hearings, and the necessary logistics pertaining to case files involving the arbitrators, the parties, and the court. After the arbitrators hear the case, the case files, including the witness statements, exhibits, and reports during the arbitration proceedings, are collected and sent back to the respective court along with the award. Under the pilot project, the arbitrators will issue awards within 30 days of the last day of the trial or
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Awards & Rankings

November 26, 2024
Tilleke & Gibbins has been named to the Asian Legal Business (ALB) Fast 30: Asia’s Fastest Growing Firms 2024. The ranking highlights law firms across Asia that have demonstrated significant growth and leadership in a competitive and evolving legal landscape. Selection for the ALB Fast 30 is based on metrics such as growth in fee-earners, new office openings, the addition of key partners and clients, revenue increases, and other measures of expansion. This is the second time Tilleke & Gibbins has been included on the list, having previously earned recognition in 2022. The Fast 30 ranking complements ALB’s annual Top 50 Largest Law Firms feature, which evaluates firms by total lawyer headcount. While not included among the region’s largest firms, Tilleke & Gibbins continues to be prominently ranked by ALB for its presence in Thailand and Vietnam. For more about the ALB Fast 30 and to see a full list of the Asia’s fastest growing law firms, please see the November 2024 issue of ALB.
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November 11, 2024
Tilleke & Gibbins is pleased to announce that the firm has been honored with the Thailand Country Award at the 2024 Lexology Index Awards in London. This marks the ninth consecutive year that the firm has received this prestigious recognition, underscoring its consistent excellence and leadership in the Thai legal market.
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September 13, 2024
The 2024 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has retained its strong rankings across multiple jurisdictions and practice areas, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance – Tier 3 Capital Markets: Debt – Tier 3 Capital Markets: Equity – Tier 3 M&A – Tier 2 Project Development – Tier 2 Restructuring & Insolvency – Tier 3 Vietnam Banking & Finance – Other Notable M&A – Tier 3 Project Development – Tier 3 Cambodia Financial & Corporate – Tier 2 Project Development – Tier 2 Laos Financial & Corporate – Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 10 lawyers honored in the 2024 individual rankings, including new entries for John Frangos, Niti Muangkote, Santhapat Periera, and Tram Ngoc Bich Nguyen. The full list is as follows: Charunun Sathitsuksomboon – Highly Regarded, M&A, Thailand Charuwan Charoonchitsathian – Rising Star, M&A, Thailand David Mol – Rising Star, Corporate and M&A, Cambodia Jay Cohen – Highly Regarded, Banking, Cambodia John Frangos – Notable Practitioner, Restructuring & Insolvency, Thailand (new ranking) Niti Muangkote – Rising Star, Financial & Corporate, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Saithong Rattana – Notable Practitioner, Project Development and M&A, Laos Santhapat Periera – Highly Regarded, Banking, M&A, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Supasit Boonsanong – Highly Regarded, Project Development, Thailand Tram Ngoc Bich Nguyen – Highly Regarded, M&A, Vietnam (new ranking) To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and
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